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(영문) 서울고등법원 2014.11.13 2013나2030484
손해배상(기)
Text

1. Of the judgment of the first instance court, the part against the Plaintiff GO, GP, Q, GR, GR, GTS, GU, GV, GW, GX, and KI lost.

Reasons

1. The defendant's appeal against the above plaintiffs regarding the legitimacy of the appeal against the plaintiff GaO, GP, Q, GR, GS, GTS, GU, GV, GW, GX, and KI is examined as to the legitimacy of the appeal against the above plaintiffs, and whether the appellant can only file an appeal against his unfavorable judgment, and whether the judgment is disadvantageous to the appellant is determined on the basis of the order of the judgment. Thus, the defendant does not have a benefit to file an appeal against the judgment of the first instance court that dismissed the plaintiffs' claim (see Supreme Court Decision 82Da498, Oct. 12, 1982). According to the records of this case, the court of first instance clearly declared that the defendant has no benefit to file an appeal against the above plaintiffs. Thus, the defendant's appeal against the above plaintiffs is unlawful.

2. The defendant's decision on this safety defense must clearly state his/her intention to delegate a lawsuit to the plaintiffs' attorney by the method stipulated in the Civil Procedure Act. However, the defendant's letter of delegation of lawsuit by the plaintiffs alone did not prove whether the plaintiffs' attorney was duly authorized to exercise his/her right of attorney from the plaintiffs, and therefore, the plaintiffs' lawsuit of this case should be dismissed in an unlawful manner.

In light of the contents of the delegation of the lawsuit and related data submitted by the plaintiffs to the first instance court and the first instance court, it is not clear that the plaintiffs' intent to delegate the lawsuit is.

The defendant's assertion is without merit, since there are no particular circumstances to deem that the plaintiffs' attorney did not have granted the plaintiffs' right of representation.

3. Judgment on the merits

(a) basic facts 1) Gwangju, mine, leisure, net, mining, entertainment, e.g., grain, which was a member of each Gun Federation of the Do Association of the Republic of Korea, the former National Reporting Association of the South Korean National Reporting Association of the Republic of Korea;

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